South Carolina Domestic Violence Task Force. WJBF.com PROPOSED RECOMMENDATIONS

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1 South Carolina Domestic Violence Task Force PROPOSED RECOMMENDATIONS Phase II: Identifying problems and proposing solutions to address the culture of domestic violence in South Carolina August 31, 2015

2 TABLE OF CONTENTS Task Force Overview... 3 Phase II Overview... 4 Objectives:... 4 Meetings:... 4 Membership:... 4 Overview of Proposed Recommendations:... 6 I. State Actions: Recommended Best Practices, Professional Standards, and Model Policies... 7 II. Local Actions: Recommended Best Practices, Professional Standards, and Model Policies III. Task Force Actions: Recommendations for further Study and Development of State or Local Actions List of Members Page 2

3 Task Force Overview South Carolina is ranked second highest in the nation for the rate of women murdered by men, having previously ranked in the top ten for the past twelve years. On January 29, 2015, Governor Nikki R. Haley issued Executive Order , establishing the Domestic Violence Task Force of South Carolina to study and make recommendations to improve areas affecting domestic violence, including social, economic, and geographic issues as well as professional standards and best practices within government and non-government organizations. The Task Force is chaired by Governor Haley and is composed of representatives from more than 65 government and non-government entities at the state and local levels. Members of the Task Force are divided into four subgroups to study and make recommendations: (1) The, chaired by Director Bryan Stirling, Department of Corrections; (2) The Victim and Offender Services Division, chaired by Katie Morgan, Department of Social Services; (3) The Community Awareness, Education, and Outreach Division, chaired by Director Richele Taylor, Department of Labor, Licensing and Regulation; (4) The Government Resources Working Group, chaired by Director Veronica Kunz, Crime Victims Ombudsman. The Task Force is conducting its work in four phases: Phase I: Phase II: Phase III: Phase IV: Surveying and collecting data and information from counties and regions of the state; Identifying specific problems and creating proposed solutions; Implementing or beginning to implement, where possible, approved proposals; and Assessing short- and long-term goals for combatting and preventing domestic violence. All reports from the Task Force are public and made available online at Page 3

4 Phase II Overview Objectives: Meetings: During Phase II, Task Force members were charged as follows: 1. Identify specific, local, regional or state problems; 2. Propose specific, realistic, workable solutions; 3. Identify the lead entities responsible for implementing the solutions; 4. Provide a projected timeline for implementation; 5. Estimate additional costs, if any. During Phase II, Task Force subgroups held 35 meetings, totaling more than 65.5 hours of meeting time: Membership: 20.5 hours ; 16 hours Services Division; hours Community Division; hours Government Resources Working Group. During Phase II, at least 135 individuals participated with some members participating in multiple groups: 74 members, ; 30 members, Victim & Offender Services Division; 42 members, Community Awareness, Education, and Outreach Division; 16 members, Government Resources Working Group. During Phase II, at least 66 agencies, organizations, or other entities participated, which has grown from the approximate 40 member entities initially: 1. Governor s Office 2. Supreme Court of South Carolina 3. Circuit Court of South Carolina 4. Family Court of South Carolina 5. SC Judicial Department, Court Administration 6. SC Attorney General s Office 7. SC Department of Education 8. SC Department of Alcohol and Other Drug Abuse Services (DAODAS) 9. SC Department of Corrections 10. SC Department of Employment and Workforce (DEW) 11. SC Department of Juvenile Justice (DJJ) 12. SC Department of Labor, Licensing and Regulation (LLR) 13. SC Department of Probation, Parole and Pardon Services (PPP) 14. SC Department of Public Safety (DPS) 15. SC Department of Social Services (DSS) 16. SC Law Enforcement Division (SLED) Page 4

5 17. SC Department of Health and Environmental Control (DHEC) 18. SC Revenue and Fiscal Affairs Office (RFA) 19. SC Department of Mental Health (DMH) 20. SC Criminal Justice Academy 21. SC Crime Victims Ombudsman 22. SC State Office of Victim Assistance 23. SC Board of Cosmetology 24. SC Board of Medical Examiners 25. SC Board of Nursing 26. SC Commission on Higher Education (CHE) 27. SC Commission on Prosecution Coordination 28. SC Coalition against Domestic Violence and Sexual Assault (SCCADVASA) 29. SC Crime Victims Council 30. SC Medical Association 31. SC Crime Victims Network 32. SC Law Enforcement Victim Advocate Association 33. SC Network of Children s Advocacy Centers 34. SC State Housing Finance and Development Authority 35. SC Victim Services Coordinating Council 36. SC Association of Counties 37. SC Hospital Association 38. SC Sheriff s Association 39. Medical University of South Carolina (MUSC) 40. University of South Carolina (USC) 41. Columbia College Police Department rd Circuit Solicitor s Office th Circuit Solicitor s Office th Circuit Solicitor s Office th Circuit Solicitor s Office 46. Berkeley County Sheriff s Office 47. Florence County Sheriff s Office 48. Lexington County Sheriff s Office 49. Lexington County Magistrate s Office 50. Lexington Community Mental Health Center 51. Richland County Council 52. City of North Myrtle Beach Mayor s Office 53. Town of Duncan Police Department 54. CASA/Family Systems, Orangeburg 55. Compass of Carolina, Greenville 56. Domestic Abuse Center, Cayce 57. Fort Jackson Army Community Service 58. Pee Dee Coalition, Hartsville 59. Real MAD, Charleston 60. Riverland Hills Baptist Church, Irmo 61. Safe Harbor, Greenville 62. Sistercare, Cayce 63. Tabernacle of Meetings, Surfside Beach 64. Three Trees Center for Change, Rock Hill 65. United Way Association of SC 66. Zonta Club, Columbia 67. Members of the Public and Survivors of Domestic Violence Page 5

6 Overview of Proposed Recommendations: During Phase I, the Task Force surveyed and collected data and information to see what was known and unknown about domestic violence. The findings led Task Force members directly to specific problems, not otherwise known or thought to be at issue. Not only did the Task Force identify issues about domestic violence but also issues about information tracking and data collection in general. The State must know the breadth and scope of domestic violence accurately in order to address the problem comprehensively. During the course of Phase II, Task Force members focused on problems and solutions that addressed the culture of domestic statewide, including training, education, uniformity, efficiency, standardization, gaps, holes, missing links, coordination, connectivity, and outreach. Taken altogether, the recommended changes would make the system more victim-friendly and make services more victim-centered. It was important to Task Force members that victims feel supported by the system, rather than re-victimized by it. The Task Force made 19 recommendations for state level actions and 10 recommendations for local level actions for the implementation of best practices, professional standards, and model policies. In areas where further study and development were needed, the Task Force made 21 recommendations for its members to continue working during Phase III. I. State Actions 19 Recommendations for the Governor s Office; Attorney General s Office; Department of Education; Department of Social Services; Court Administration; Department of Administration; Commission on Prosecution Coordination; Department of Alcohol and Other Drug Abuse Services; South Carolina Law Enforcement Division; Department of Public Safety; Criminal Justice Academy; Department of Labor, Licensing, and Regulation; Board of Medical Examiners; Board of Nursing; Board of Cosmetology; Board of Examiners for Licensure of Professional Counselors, Marriage and Family Therapists and Pyscho- Educational Specialists; Board of Dentistry; Board of Occupational Therapy; Board of Pharmacy; Board of Physical Therapy; Social Work Examiners; Commission on Higher Education; and others. II. III. Local Actions 10 Recommendations for local law enforcement agencies; South Carolina Police Chiefs Association; South Carolina Sheriff s Association; local 911 dispatchers; South Carolina Municipal Association; South Carolina Association of Counties; and others. Task Force Actions 21 Recommendations for Task Force Leadership; Criminal Justice Division; Services Division; Community Division; and Government Resources Working Group. The goal for each recommendation is to begin implementation in Phase III or by the end of 2015 in order to start seeing real results within a year, either by the end of 2016 or the end of Fiscal Year To ensure that actions are taken and recommendations are adopted, accountability and enforcement measures must be key components of the Task Force s work moving forward. Page 6

7 I. State Actions: Recommended Best Practices, Professional Standards, and Model Policies Recommendation 1 Task Force Leadership In order for there to be effective statewide movement against domestic violence, any change and all change must begin at the local level. Most of the best practices recommended by the Task Force must be adopted by the local level or by an independent state entity, which is why building a grassroots-style support system is so critical. Because so much change must occur locally, neither the State nor the Task Force is empowered to simply mandate change. If there is no way to hold local officials or independent boards accountable, then there is no way to achieve meaningful reform. The Task Force recommends that the Governor develop and lead a statewide accountability movement using her influence and public pressure to ensure that local or independent entities whether local law enforcement agencies, judges or prosecutors, counties or municipalities, professional boards, school districts, or others adopt and implement Task Force recommendations. The Governor s Office should develop or designate accountability or enforcement measures for each recommendation (e.g. pledge, resolution, commitment letter, or other written or public documentation) so that citizens can be confident that meaningful results have occurred. Recommendation 2 Governor s Office End of Phase III Task Force Leadership Although the Task Force has helped to effect change and create coordination at the state level, the same team-oriented process needs to be replicated at a local level in order to get results. Many of the Task Force s recommendations cannot be mandated upon local agencies but must be independently adopted at the local level. Outreach to local law enforcement, prosecutors, judges, victims advocates, and others is key to obtaining cultural, grassroots-level changes. The Task Force recommends that the Governor and Task Force should host a statewide action summit on domestic violence for local stakeholders. The summit would provide a forum for local leaders to learn best practices of cultural changes and for the Task Force to pitch its recommendations to local agencies. The Governor s Office should set a date and work with Task Force leadership on developing an agenda, selecting a site, and inviting guests. Governor s Office Page 7

8 Late Spring 2016 To be determined Recommendation 3 Community Division In South Carolina, most state agencies policies do not address treatment of employees involved in acts of domestic violence that affect the workplace, including reporting of temporary restraining orders in place or violence at work. Anecdotally, it is recognized that victims can remain especially vulnerable to their batterers at work even though victims may move to a shelter or obtain a restraining order, they usually keep their jobs and therefore remain vulnerable to, from, and while at work when their location and movements are known by the batterer. The Task Force recommends that it coordinate with the Department of Administration Office of Human Resources to draft a State Model Domestic Violence Policy for approval by the Governor. To develop a model policy, the Task Force should utilize participating subject matter experts and existing resources, such as other states and national organizations model policies See policies by Delaware, Florida, New York, Maryland, and Utah; See also Victims advocates should be consulted to ensure proper reporting policies for victims and offenders. See also Recommendation #47 for private sector HR policies Recommendation 4 Task Force; DOA; Governor s Office Services and Community Divisions From the Phase I Survey, approximately half of victim services providers did not have or did know if they had a policy on domestic violence (48%), and the other half that did have a domestic policy indicated that the policy was not developed with consultation or assistance from state or national experts (44%). When state agencies come into contact with victims in their daily work, most state agency employees are not trained on the warning signs of domestic violence and do not know the right questions to ask or the appropriate response to give. In addition, most offenders are not offered assistance until they appear in court on charges of domestic violence. Information and resources should be offered to offenders when they self-identify or when a risk assessment indicates abusive behavior exists. The Task Force recommends that state agencies providing direct client services such as DSS, DAODAS, DJJ, DEW, DHEC, DMH, DDSN, and Vocational Page 8

9 Rehabilitation among others should develop domestic violence informed services for both potential victims and potential offenders, including the following: (1) Agencies should develop written policies and procedures that are client-centered and trauma-informed; (2) Agencies should provide annual domestic violence training for all employees providing client services; and (3) Agencies should develop screening tools for domestic violence. These policies, trainings, and screening tools should be developed in collaboration with a nationally recognized domestic violence expert or organization Recommendation 5 Task Force; Governor s Office Minimal or Forms for victims are not uniform throughout the state, including Victim Notification and Victim Information forms, making it more difficult for victims to understand and participate in the prosecution of their case. The Task Force recommends that all victim notification and information forms should be universal and should be used by all agencies statewide. Standard, predictable notification procedures will help increase victim participation. Court Administration should collaborate with law enforcement agencies and victims advocates to create a uniform, functional form and will mandate its use by all agencies Recommendation 6 Task Force, Criminal Justice and Services Divisions In Family Court, a petition for an Order of Protection (OP) is oftentimes difficult for some victims to complete to the required legal standards. The Task Force recommends that technical additional assistance should be provided to victims during the OP process, from filing to disposition. Automated forms using an interactive program can help victims more easily, accurately, and effectively complete the required forms. The forms should be linked to other state services websites as a public tool for victims who are looking for recourses. Lead agencies to develop and implement the automated forms include: Court Page 9

10 Administration, Legal Services, Office of Victim Services Education and Certification (OVSEC), and the SC Bar. Task Force, Recommendation 7 FY1617 To be determined Services Division South Carolina s current set of state standards for shelter services and emergency housing used by DSS to assess whether domestic violence organizations receive federal funding are outdated See Service and Administrative Standards for Domestic Violence Agencies (2009). These standards were designed to reflect what a holistic, ideal program would be able to offer and to reflect the requirements of federal funding programs. These standards are used to assess the services offered by the 13 domestic violence organizations receiving federal funding through DSS. The Task Force recommends that DSS should review and update the Service and Administrative Standards for Domestic Violence Agencies (2009) to reflect current best practices and federal funding requirements and also to develop a self-assessment tool for domestic violence organizations to assist in monitoring and encourage program development. Staff from DSS should work in conjunction with staff from SCCADVASA, the DPS VAWA and VOCA programs, and the DHEC Sexual Violence Services/Women s Health Program to complete a draft to disseminate among other stakeholders for input. DSS; SCCADVASA Recommendation 8 More than 62% of responding law enforcement agencies to the Phase I Survey reported that their officers prosecute the lowest level domestic violence cases in Summary Court (Magistrate and Municipal Court). South Carolina is only one of three states (New Hampshire and Virginia) that allow officers to prosecute cases greater than traffic offenses, including domestic violence, against seasoned defense attorneys. Preparing for cases and prosecuting crimes takes law enforcement officers away from their intended mission. The Task Force recommends that South Carolina should eliminate the practice of allowing law enforcement officers to prosecute domestic violence cases in municipal court and Magistrates Court. The Governor s Office should work with state agencies to develop options towards this goal. Page 10

11 Task Force; Governor s Office End of Phase III Recommendation 9 Additional prosecutors would be needed due to the shift in resources, but recall that with the 2015 Domestic Violence Reform Law in effect, many of the lower level domestic violence cases may be eliminated. South Carolina is the 6 th most violent state in the country, and roughly half of our state s violent crimes are domestic violence related. Therefore, the Task Force acknowledges that prosecuting violent crime is also prosecuting domestic violence crime. Currently, there are 305 prosecutors handling 114,442 new cases each year. Not only is the burden great on individual prosecutors but also on the court system in general. Dockets are full and wait times are high it takes an average of 423 days to get a case from arrest to disposition in General Sessions Court, and consequently, victims are far less likely to cooperate. The Task Force recommends that there is a need for additional prosecutors. There are many related factors to consider, such as whether law enforcement officers will be prohibited from trying municipal court cases and whether the 2015 Domestic Violence Reform Law will eliminate many of the lower level domestic violence cases. The Governor s Office should work with the Commission on Prosecution Coordination and other partners to develop a plan that provides additional resources in conjunction with accountability measures (i.e. docket management). Governor s Office, Commission on Prosecution Coordination Recommendation 10 FY1617 To be determined Community Division Gaps in communication, referral mechanisms, and treatment services have been identified between the drug and alcohol community and domestic abuse community and have been identified by both DAODAS and SCCADVASA. Oftentimes, both victims and abusers can have drug or alcohol issues. Further, it is believed from Phase I data collection that the number of domestic violence incidents involving drug or alcohol abuse is significantly under- or misreported (19.9% of incident reports for domestic violence indicate that alcohol and/or drugs were involved). Page 11

12 The Task Force recommends that DAODAS and SCCADVASA should work together to form partnerships between their stakeholders. DAODAS should explore the expansion of its existing trauma-informed care efforts to include trainings specific to domestic violence. Cross-trainings between systems should be developed to aid in filling the gaps between communication and referral. Internally, DAODAS should look to expand services in its system to aid communities where SCCADVASA is currently not providing services. Recommendation 11 DAODAS Ongoing None identified at this time The two statewide incident report databases at SLED need to be linked: SCIBRS, which houses categories and codes of crimes off of incident reports, and SCHIEx, which houses identifying and narrative information from incident reports. If SCIBRS and SCHIEx are linked, then offenders could be tracked throughout the system to easily determine how many incidents of domestic violence have occurred and if the level of violence has escalated over time. The Task Force recommends that SLED should explore the possibility of building a bridge to link the two databases with its vendors. Recommendation 12 SLED FY1617 To be determined Currently, SLED s incident report database for tracking identifying information, SCIBRS, contains fields with options for identifying the type of relationship between the victim and offender. However, SCIBRS does not offer relationship options that include the statutory types of domestic violence relationships, which means that data cannot be captured based on the law. The Task Force recommends that SLED should consider adding the following relationship fields to SCIBRS: (1) Victim and Offender have a child in common; (2) Victim and Offender are currently cohabitating; and (3) Victim and Offender formerly or had previously cohabitated. SLED FY1617 Page 12

13 To be determined Recommendation 13 There is a significant variety but unknown number of software programs used by local law enforcement agencies for their Local Incident-Based Reporting Systems (LIBRS) to make reports to SCIBRS at SLED, which means it is impossible to track domestic violence uniformly amongst jurisdictions across the state. Collectively, separate software systems and support services are extremely costly to acquire and maintain. Additionally, for SLED or federal agencies to mandate changes or efficiencies in reporting, it can be burdensome and costly for individual local agencies to obtain the needed changes from their vendors. The Task Force recommends that SLED should research options to consider the possibility of moving all law enforcement agencies in the state to the same software program for one management information system. While this recommendation speaks to long-term goal, SLED should begin by taking this first step to secure additional information. See also Recommendation 12 to add data fields as a short-term solution to the larger software problem. Recommendation 14 SLED; Governor s Office FY1617 for first step To be determined Community Division Members of professional occupations need proper training on identifying and assisting suspected domestic violence victims and alleged batterers encountered in their profession. In the Phase I Survey, almost 30% of professional members indicated that they had received some sort of domestic violence training, but in contrast, 66% reported that they had encountered someone believed to be a victim of domestic violence in their job. It appears that many professionals are potentially encountering victims who would benefit from appropriate outreach, while few are trained on how to handle a domestic violence situation. As many professions require continuing education classes, domestic violence training can be offered as a way to fulfill requisite hours in a manner that will likely benefit domestic violence victims. The Task Force recommends that the Department of Labor, Licensing and Regulation (LLR) will work with the professional occupational licensing (POL) boards to incorporate domestic violence training for professions and occupations. LLR has identified the most critical POL boards in which to start education on assisting suspected victims of domestic violence: (1) Board of Medical Examiners; (2) Board of Nursing; (3) Board of Cosmetology; Page 13

14 (4) Board of Examiners for Licensure of Professional Counselors, Marriage and Family Therapists and Psycho-Educational Specialists; (5) Board of Dentistry; (6) Board of Occupational Therapy; (7) Board of Pharmacy; (8) Board of Physical Therapy; and (9) Social Work Examiners. After implementing training for these initial boards, LLR may work with additional boards. It should be noted that the referenced boards have voiced support for training on domestic violence to educate licensees and will determine how best to offer the training for its members. LLR will assist by providing example training materials or will cover the costs for in-house training. *Accountability Measure for LLR and various Professional Boards: Determined in Phase III Recommendation 15 Goal to be adopted by end of 2016 to account for board meeting dates and licensee renewal cycles Community Division When a South Carolina citizen suspects domestic violence, they cannot easily access a directory or brochure that provides information on steps to take or information to pass on to the suspected victim. While some organizations have handouts, these materials are not easy to find and download. Further, they are specific to that organization and not representative of a larger geographic area. Screening, by itself, cannot benefit individuals without referrals to services and treatment. The Task Force recommends that LLR work with SCCADVASA to create a resource directory for citizens and professionals that will list all existing, available county services for victims and batterers. In addition, this resource should also include a step-by-step guide for how citizens and professionals can offer advice and referrals. LLR will make this resource directory available online for citizens to download and use free of charge. Further, LLR will also work on getting resources listed on 211 with United Way s assistance Note that United Way maintains South Carolina s database that includes many service providers, a natural fit for inclusion of this information. LLR End of 2015 Page 14

15 Recommendation 16 Community Division In the Phase I Survey, 208 reporting schools indicated that they provide teachers with professional development training on domestic violence, which is promising but not enough to spur cultural change statewide. Teachers should have quality training on domestic violence related issues for both themselves and their students. The Task Force recommends that the Department of Education develop a teacher recertification program about domestic violence and encourages school districts to adopt the training for their teachers. Again, while the Task Force does not support mandating training down upon teachers or districts based on budgetary or other programmatic reasons, the Task Force does hope that districts will be more likely to include the training if a program has been developed by the Department for their use at no cost. *Accountability Measure for Department of Education and/or individual School Districts: Determined in Phase III 2016 Recommendation 17 To be determined Community Division In the Phase I Survey, 302 reporting schools indicated that they provide education on domestic violence for students. With the 2015 Domestic Violence Reform Act in effect, all public K-12 schools will not have to implement domestic violence education in their health instruction for grades 6 th -8 th. The Task Force supports these efforts to educate all students on domestic violence, dating violence, healthy relationships, and other related issues. Education for young people is important to help end the cycle of violence and prevent abuse and deaths among teens. The Task Force recommends that the Department of Education develop models for domestic violence curriculum as options for school districts to choose. Recognizing that school districts have different budgetary restraints, the Task Force does not advise that one type of curriculum be mandated. However, the Task Force does support the Department developing resources to make it easier for school districts to obtain quality curriculum. In addition, while the new law mandates domestic violence education for Grades 6 th -8 th, the Task Force should still consider whether younger students, as early as 4K, should receive education on health relationships as well. Note: Due to an earlier request stemming from Task Force discussion, Superintendent Spearman has already agreed to take up domestic violence with her Student Advisory Council, created in March 2015, to better ensure student interest and engagement on any curricula that is developed. Page 15

16 *Accountability Measure for Department of Education: Determined in Phase III 2016 Recommendation 18 To be determined Community Division By July 1, 2015, the federal Violence Against Women Act (VAWA) Amendments to the Clery Act require that higher learning institutions implement policies and programs regarding dating violence, domestic violence, sexual assault, and stalking, including primary prevention and awareness programs for incoming students. The Phase I Survey found that while the majority of South Carolina institutions of higher education have implemented the required policies and programs in time (43 of 46 responding out of 53 total), the training, sophistication, and type of training vary widely. For South Carolina to be as proactive as possible in awareness and prevention, there should be no gaps in training amongst higher ed institutions. The Task Force recommends that there be some level of uniformity and consistency in the way VAWA programming is messaged across higher ed campuses. Task Force discussion has already spurred the creation of a Statewide College Consortium to address issues surrounding dating and domestic violence. The Consortium will provide information to colleges on how best to provide training and implement VAWA requirements. Lead agencies include: SCCADVASA, CHE, and others in the Consortium. *Accountability Measure for Consortium and/or Higher Ed Institutions: Determined in Phase III 2016 Recommendation 19 The 2015 Domestic Violence Reform Act created a statewide Domestic Violence Advisory Committee with members from across state and local governments for the purpose of advising the Governor and General Assembly on statutory, policy, and practice changes to prevent domestic violence. Notably, the Advisory Committee is given confidentiality protections, allowing it to function as the State Fatality Review Team a review process of domestic violence homicides for the purpose of identifying roadblocks, gaps, loopholes, or other weaknesses in the system that might prevent a similar death from occurring. Before the new law was passed, South Carolina was one of 9 states that did not have a formal fatality review process, and the Task Force is very supportive of these efforts. Page 16

17 However, according to advice from national experts, the Task Force understands that a critical component is missing from the Fatality Review process: local, county fatality review teams. The new law affords confidentiality protections to the statewide team but not correlating local teams. Confidentiality is critical to protect victims privacy, to not cast blame on any one person or entity, and to allow for open dialogue and meaningful problem-solving the hallmarks of any fatality review process. The Task Force recommends working with legislators to determine how local, county fatality review teams can be afforded the same protections as the State s fatality review team, the Domestic Violence Advisory Committee. Task Force Leadership Prior to 2016 Legislative Session None expected Page 17

18 II. Local Actions: Recommended Best Practices, Professional Standards, and Model Policies Recommendation 20 More than 17% of the law enforcement agencies that responded to the Phase I Survey indicated that they are not required to file an official incident report regardless of arrest or non-arrest for domestic violence. If incidents of domestic violence are not being reported and documented, then victims are disadvantaged. It is important for SLED s databases, both SCIBRS and SCHIEx, to have record of every incident report so that offenders and incidents of violence can be tracked. Currently, SLED Regulation requires that all copies of incident and booking reports be forwarded to SLED in a timely manner. However, the regulation does not require that incident reports be written, so there is a gap unknown how large of incidents that are never documented or reported. The Task Force recommends that a best practice for law enforcement agencies to adopt a policy whereby officers are required to file official incident reports on every case of alleged or substantiated domestic violence. Lead Agencies will reach out to local law enforcement agencies to make this request: SC Police Chiefs Association, SC Sheriff s Association, CJA, DPS, and SLED. *Accountability Measure for Local Law Enforcement: Determined in Phase III 2016 Recommendation 21 In response to the Phase I Survey, only 56% of responding law enforcement agencies indicated that they require their officers to document if children or vulnerable adults reside at the location of domestic violence incidents. Similarly, over 50% of agencies do not conduct interviews with children at the incident scene. If at-risk household members are not being documented or questioned, then they would be less likely to receive services and would be unknown to prosecutors as potential witnesses. The Task Force recommends that a best practice for law enforcement officers to require officers to document and report the presence of children and vulnerable adults residing at locations of domestic violence incidents and to require that those children or other at-risk household members be interviewed. Lead Agencies will reach out to local law enforcement agencies to make this request: SC Police Chiefs Association, SC Sheriff s Association, CJA, DPS, and SLED. *Accountability Measure for Local Law Enforcement: Determined in Phase III Page 18

19 2016 Recommendation 22 During the Phase I Survey, prosecutors identified the photographs as the 2 nd biggest factor that could make a domestic violence case stronger. In 40% of the responding prosecutors cases, no pictures of the victim were taken; in 65% of the cases, no pictures of the defendant were taken; and in 59% of the cases, no pictures of the scene were taken. Law enforcement officers are not consistently capturing photographic evidence, which can be crucial for the prosecution. The Task Force recommends that a best practice for law enforcement officers is to document domestic violence cases by taking pictures of the victim, the defendant, and the crime scene. Initial photographs are just as important as subsequent photographs that may capture bruising and other latent injuries. *Accountability Measure for Local Law Enforcement: Determined in Phase III 2016 Recommendation 23 Expected to be minimal but would be dependent upon law enforcement resources. Historically, law enforcement officers have not been trained to screen for control tactics or coded language, which are nonverbal communications often used by abusers towards victims in front of law enforcement without officers knowledge. These subtle signs are meant to incite fear in the victim, allowing the abuser to maintain control over a victim even in front of law enforcement. For cultural change to occur, domestic violence must be viewed as more than a single event it must be viewed within a historical context. A perceived threat of violence can be just as powerful as an overt act of violence. The Task Force recommends that all law enforcement officers adopt a best practice whereby they screen for control tactics and coded language, not just for physical evidence that physical violence has occurred. Best practices for law enforcement should include (1) Separating the victim and offender out of sight from one another so that no nonverbal communication can take place; and (2) Asking a small set of standardized questions to screen for control tactics, which may include but not limited to the following: Have you ever tried to leave, and if so what happened when you tried? What, if anything, has ever been used to threaten or harm you? Weapons or other household items? Have you ever been strangled or tried to be strangled? If so, how? Have drugs and/or alcohol every lead to violence in your relationship? Page 19

20 See also Recommendation #32 to create a tool kit of protocols and checklists. *Accountability Measure for Local Law Enforcement: Determined in Phase III 2016 Recommendation 24 Roughly 46% of the law enforcement agencies that responded to the Phase I Survey reported that they have policies permitting domestic violence victims to submit a statement indicating they do not want the case prosecuted, which has the potential to create additional problems for victims and other vulnerable household members. Oftentimes, these drop forms become weapons used by offenders for manipulation and control and, anecdotally, have been used by courts to clear dockets. Either these drop forms exist as standalone documents or as questions incorporated on other forms. Note Sometimes prosecutors can use drop forms as tools to help victims safety by allowing victims to prove to offenders that they are not pursuing prosecution, which reinforces the role of prosecutors apart from crime victims. The Task Force recommends that a best practice for local agencies is to rescind policies allowing domestic violence victims to sign drop forms or check drop form questions. The CJA and Attorney General s Office propose to make clear the intent of discretionary arrest aspect of the 2015 Domestic Violence Reform Law is not to suppress the proper investigation and enforcement of the law. Lead Agencies will reach out to local law enforcement agencies to make this request: SC Police Chiefs Association, SC Sheriff s Association, CJA, DPS, and SLED. *Accountability Measure for Local Law Enforcement: Determined in Phase III 2016 Recommendation 25 Less than 30% of the responding law enforcement agencies to the Phase I Survey reported that they notified law enforcement victims advocates of all domestic violence calls. Similarly, less than 11% of agencies required victim victims advocates to respond to all domestic violence calls. If victims are not receiving timely assistance, then they and other household members are more vulnerable for future harm. The Task Force recommends that a best practice for law enforcement victims advocates is to be notified as soon as possible of all domestic violence related calls being investigated by law enforcement agencies. Lead Agencies will reach Page 20

21 out to local law enforcement agencies to make this request: SC Police Chiefs Association, SC Sheriff s Association, CJA, DPS, and SLED. See also Recommendation #44 for a comprehensive advocacy study. *Accountability Measure for Local Law Enforcement: Determined in Phase III 2016 Recommendation 26 More than 94% of 911 Call Centers do not automatically provide prosecutors with copies of 911 audio recordings for domestic violence calls. Moreover, only 56% of responding 911 Call Centers to the Phase I Survey indicated they stored 911 audio records for one year with less than 24% storing the audio records for three months or less. The 911 recordings provide valuable evidence for domestic violence prosecutions, especially if a victim is deceased or unwilling to testify. However, prosecutors indicated in the Phase I Survey that 911 recordings could not be obtained in more than 50% of their cases. The Task Force recommends that a best practice for 911 Call Centers is to consistently provide prosecutors with copies of recordings or, at least, store audio records of domestic violence calls for at least one year from the date of the incident to allow prosecutors or law enforcement officers enough time to request the recordings. Lead Agencies will reach out to local 911 Call Centers: APCO, SC Municipal Association, SC Association of Counties, SC Police Chiefs Association, SC Sheriff s Association, SC Commission on Prosecution Coordination, CJA, DPS, and SLED. See also Recommendation #38 regarding training for 911 dispatchers. *Accountability Measure for Municipal or County 911 Dispatchers: Determined in Phase III 2016 Recommendation 27 Expected to be nominal but would be dependent upon data storage capabilities. Approximately 23% of the law enforcement agencies that responded to the Phase I Survey reported that they do not have a policy requiring supervisory review of domestic violence incidents to ensure proper reporting and documentation. The Task Force recommends that a best practice for law enforcement agencies is to develop a policy and implement a process requiring mandatory supervisory review of all domestic violence incidents to ensure that all elements of law are Page 21

22 present and whether control tactics used by the perpetrator were properly documented. Lead Agencies will reach out to local law enforcement agencies to make this request: SC Police Chiefs Association, SC Sheriff s Association, CJA, DPS, and SLED. *Accountability Measure for Local Law Enforcement: Determined in Phase III 2016 Recommendation 28 Although there is some domestic violence training for law enforcement and prosecutors separately, there is no training coordinated among all criminal justice partners at a jurisdictional level. The Task Force recommends that training for all criminal justice partners should be done locally, regionally, and at the statewide level. Training should use a team approach comprised of representatives from the Solicitors Offices, Attorney General s Office, CJA, and law enforcement agencies. The SC Commission on Prosecution Coordination should facilitate the coordination of training amongst the Solicitor-led Community Coordinating Councils along with the Attorney General s Office, CJA, and state law enforcement agencies. *Accountability Measure: Determined in Phase III End of 2016 Recommendation 29 Nominal While more than 99% of law enforcement agencies that responded to the Phase I Survey reported they utilized the CJA s annual domestic violence update training, less than 38% of those agencies indicated they conduct local, in-house training, which means they are missing the opportunity to coordinate with the local community and address local issues. Moreover, of the almost 75% of the agencies that collect and retain data on domestic violence, only 40% of those actually analyze the data to develop improved enforcement and response strategies. The Task Force recommends that all local law enforcement agencies should conduct annual in-house domestic violence training based on the jurisdiction s specific data to focus on their unique problems and issues. The training should be coordinated with community stakeholders to build relationships, improve processes, and focus on best practices. Lead Agencies will reach out to local law enforcement agencies: SC Police Chiefs Association, SC Sheriff s Association, CJA, DPS, and SLED. Page 22

23 *Accountability Measure for Local Law Enforcement: Determined in Phase III 2016 Page 23

24 III. Task Force Actions: Recommendations for further Study and Development of State or Local Actions Recommendation 30 Community and Services Divisions South Carolina has no widespread Public Service Announcement (PSA) campaigns against domestic violence. With regard to two specific populations, the Task Force acknowledges that the lack of awareness and knowledge is particularly noticeable: (1) Friends, Family, or Co-Workers of Victims or Offenders, so they know how to approach, show support, or react to their loved ones; and (2) Males, in general, so men are engaged in ending domestic violence or stopping a cycle of violence. Targeting these two audiences will help shore up a support system around a victim/offender and help engage men in the conversation against ending violence towards women. However, any PSA campaign about domestic violence of any type would be beneficial, raising much needed public awareness and generating much needed discussion. The Task Force recommends that it should pull together members from all divisions to coordinate a statewide PSA slogan and campaign, either using an existing national campaign or creating a South Carolina specific campaign. This group should identify potential private funding sources, production teams, marketing tools, and themes, scripts, or slogans for radio, billboard, website, or other forms of outreach Recommendation 31 Task Force Leadership To be determined Community Division The Task Force realized that information about events, walks, campaigns, and getting involved with domestic violence efforts is not always well-circulated to the public. For volunteers, there is no website or place to go for information about events or other efforts in neighboring areas. For individual friends or family members, there is no website or place to go for information on how to help a loved one who is a victim or batterer. For batterers, especially, there is no website or place to go to get information on how to self-help or obtain services. The lack of centralization or any unified front for community information makes combatting domestic violence statewide hard to do. The Task Force recommends further study regarding ways to create a type of one-stop shop for domestic violence information, which could be done in tandem Page 24

25 with the creation of a statewide PSA campaign. Non-profits, advocacy groups, and other organizations with shared interests should be connected in order to provide support to one another and to the public at large so that citizens know where to go to get more information. Potential options include using the Solicitorled Community Coordinating Councils established in the 2015 Domestic Violence Reform law, an existing state agency, or a statewide consortium to examine possible methods of unified outreach, including websites, social media, or other media platforms Recommendation 32 Task Force, Community Division To be determined Only about 50% of the responding law enforcement agencies to the Phase I Survey indicated they used specific protocol checklists when responding to domestic violence calls. Specifically, almost 85% of those agencies reported they do not use screening tools to document acts of strangulation, which relates to a higher level of lethality and which often has latent physical symptoms. Additionally, more than 46% of those agencies do not require officers to complete a lethality assessment to identify potential dangers to victims and officers. Beyond victim protection, law enforcement officers also provide the basis for evidence collection. Prosecutors rated the evidentiary strength of their cases during the Phase I Survey and reported that 35% were weak, 39% were fair, 22% were strong, and only 3% were very strong. Not having checklists for victim safety and evidence collection leads to a variety of problems. Almost 30% of the law enforcement agencies that responded to the Phase I Survey reported that they have no policies in place specifically addressing domestic violence incident response. The Task Force recommends that a Domestic Violence Response Tool Kit be created and a statewide model policy be developed. The tool kit should be made available to law enforcement agencies statewide. Utilizing checklists will ensure greater consistency of investigations and great protection for victims. The model policy should be vetted by law enforcement, victim s advocates, and other stakeholders. Examples of model policies include those proposed by the International Association of Chiefs of Police (IACP) and the SC Police Accreditation Coalition (SCPAC). The Task Force will continue to meet to develop a Tool Kit and will incorporate training on the utilization of the Tool Kit in the CJA s annual Domestic Violence Recertification Training Video, to which more than 99% of law enforcement agencies currently ascribe, and in the Solicitor s Community Coordinating Councils training. Task Force, Law Enforcement Group 2016 Page 25

26 None expected Recommendation 33 Services Division Although there are approximately 40 domestic violence intervention programs providing services to offenders in South Carolina, there are several counties in which there are no available programs. Solicitors and the Attorney General s Office will now be approving these programs and need to know where there are gaps in services for both male and female offenders. Offenders need access to approved localized programs, and courts and community referral sources need to be informed as to which programs are approved and where such programs are located. The Task Force recommends further cataloguing of batterers intervention programs. The exact counties not currently served with at least one male and one female offender program need to be identified, and that information needs to be shared with Solicitors (Community Coordinating Councils) and the Attorney General s Office. The Domestic Abuse Center staff will contact all known intervention programs currently serving domestic violence offenders and determine which counties have no functioning intervention groups. Recommendation 34 Task Force, Services Division End of Phase III Criminal Justice and Services Divisions Currently, there are no standards for intervention or batterers treatment programs for offenders. However, under the 2015 Domestic Violence Reform Act, Domestic Violence Intervention Programs must now be approved by Solicitors and the Attorney General s Office. Both entities must now determine how to conduct approvals and then monitor for compliance with any prescribed set of standards. The Task Force recommends that set of best practices be developed to help Solicitors approve batterers treatment programs to include a set of prescribed standards and generally accepted practice-based methods and curricula that demonstrate effectiveness through routine analysis of completion rates, recidivism, and procedural integrity. Guidance should include: o Program duration and accepted modalities; o Staff qualifications and training; o Program focus and processes, including required topics, curricula and methods; o Program policies and procedures; o Victim safety and notification requirements; o Reporting Requirements; Page 26